In December 2007, the City of Bend and Disability Rights Oregon (DRO) entered into a by-law agreement requiring the city to construct compliant stops, two ADA-compliant sidewalk ramps at bus stops near major facilities and to preserve damaged sidewalks and remove mailboxes, signs and other physical protrusions from sidewalks adjacent to bus stops. The City of Bend, with the support of the city`s Accessible Transportation Commission, was able to complete all the work required for the transaction contract three years earlier than planned (2011). You may be invited by your court to go through mediation/arbitration before a trial date is set. They may even voluntarily decide that an alternative settlement of disputes is a good idea, as early resolution will put an end to the cost of litigation. One way or another, an alternative dispute resolution is not a cheap process. A one-day mediation, which I recently involved with a cost of US$4300 for the Ombudsman and space, without the legal fees for both parties, which would have been considerable, since 5 lawyers would have been involved, the additional 20K would have been only for their time in mediation (without preparation or travel). The original transaction agreement required that all work be completed by September 2014. There are different types of costs that can be imposed in transaction agreements. To name a few, these may include the requirement of the accused: you can hear more than $25,000 in transaction agreements and think, “Here, 25K is much less than it will cost me to repair all my inaccessible digital properties”. And the cost of repainting a car park is much lower than a 25K digital inaccessibility comparison contract. But most 25K colonies and physical renovation access in large organizations come with a price tag of $1,000,000 in all the other problems identified above overall. Now think about the fact that any number of potential plaintiffs could file these actions against you.
Then do your risk analysis once again and make the right decision. Thanks to the decision at Haynes v Hooters, unless the lawsuit against your organization is in the process of proceeding a class action (a couple, many are not) other people can take legal action, while your organization has sorted the breach or implementation of an agreement in the first appeal. In the case of Hooters, the defendant actively implemented the transaction agreed upon from the first appeal, when the second was filed. The court said the previous transaction did not matter, and allowed the second case to proceed. This case may not necessarily be binding in your jurisdiction, but it is certainly persuasive. The result of Hooters is that ALL of the problems and costs mentioned above are multiplied by almost 2 (or more) — there will be economies of scale, but not all positions. Complaints are public and chaotic. If you are looking for vendor offers for tools or advice related to a lawsuit, the seller is placed on the driver`s seat for trading costs. The KNOWS provider your organization is required to do so, even if the exact terms of the billing are confidential. They are not motivated to give discounts.
Suppose you have an incomplete but nascent accessibility effort when you are sued. These efforts will be given “second-class citizenship” status, while your internal accessibility experts will review the response, interrogations, filings, registration and time they have spent training the legal team.